Monday, 29 October 2012

$15 Million Fraud: Court Dismisses EFCC’s Motion Against Clark

 

The money is an unclaimed property paid by an undisclosed agent of the former governor of Delta State, James Ibori.

Justice Gabriel Kolawole held that Clark was neither a party to the suit nor a lawyer in counsel.

Kolawole said that the application, which came in an oral form, was weak to move the court to grant such prayer.

``If you actually want the court to take this seriously, you could approach us formally by filing a proper motion which will include serving the defendant (Clark) for proper argument to be entered.

``Until the proper thing is done, this motion remains lifeless and it is therefore dismissed,’’ he said.

Mr Rotimi Jacob (SAN), counsel to the EFCC, had at the resumed hearing, filed an oral motion informing the court of a publication allegedly credited to Clark on the pending case.

Jacob said that Clark, on Sept. 27, accused the chairman of the commission, Ibrahim Lamorde, of having prior knowledge of the deal.

Jacob submitted that Clark’s allegation was pre-judicial and antithesis to justice, adding: ``My lord, Clark has spoken on this matter to the press while the matter is before my lord.’’

The EFCC lawyer further said that Clark had described Lamorde as a liar in the publication, as according to him, EFCC is aware that the money belonged to Delta State government.

``My lord, this kind of attitude from a supposedly elder statesman and a lawyer is reproachable; we are saying he should be summoned to court for contempt,’’ he said.

EFCC had said that the cash was received by officers of the Commission from an undisclosed agent of  Ibori as bribe to compromise his investigation.

According to the anti-graft body, the cash was deposited in  the strong room number one of the Central bank of Nigeria on April 26, 2007.

The prosecutor told the court that Ibori denied ever giving the amount to the commission or any of its officers.

 The money had remained unclaimed since April 2007 and had remained dormant in the strong room of the bank.

The matter was adjourned to Nov. 19 for continuation.

 

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